3 ms·
The power to regulate interstate markets doesn't take the ability of local governments to enact legislation away - it gives the federal government supremacy. It
by arcticbull 3y ago
The power to regulate interstate markets doesn't take the ability of local governments to enact legislation away - it gives the federal government supremacy. It gives the federal government the authority to enact regulation when local laws unnecessarily impede interstate commerce.
You'll be happy to know that in Russell v. United States, 471 U.S. 858 (1985) the Supreme Court affirmed the interstate nature of the housing rental market. [1]
The New York State Bar Association further makes a case for the Dormant Commerce Clause in zoning. [2]
And of course, the DOJ maintains that the Commerce Clause was key to enacting the Fair Housing Act in this amicus brief in 2015. [3] There's a ton of explanation in both the body and in the associated footnotes.
[1] https://caselaw.findlaw.com/court/us-supreme-court/471/858.html https://caselaw.findlaw.com/court/us-supreme-court/471/858.h...
[2] https://nysba.org/how-the-dormant-commerce-clause-can-fight-zoning-discrimination/ https://nysba.org/how-the-dormant-commerce-clause-can-fight-...
[3] https://www.justice.gov/crt/housing-and-civil-enforcement-cases-documents-192 https://www.justice.gov/crt/housing-and-civil-enforcement-ca...